The Justice Department has said it will ask the Supreme Court to intervene in the case if necessary.
The Alliance Defending Freedom made a technical argument that a U.S. judge's decision to suspend the FDA's approval of the abortion pill mifepristone cannot be appealed to the 5th Circuit under federal law.
The Justice Department and Danco Laboratories, the company that distributes mifepristone, have said that they will ask the Supreme Court to intervene in the case if necessary. The Alliance Defending Freedom's lead attorney, Erik Baptist, argued in a new filing to the U.S. 5th Circuit Court of Appeals late Tuesday that the court lacks authority
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